Mundane Content on Social Media: Creation, Circulation, and the Copyright Problem

This article examines the practices of social media users and explores how people value, protect, and circulate content on social media platforms. Legal scholarship shows us that much of the mundane online distribution and consumption of media infringes copyright law and as a result raises complex questions around the distribution and circulation of content. Through exploring this misalignment between copyright law and everyday social media practices, this article identifies existing norms on social media platforms and asks whether they could provide guidance for a future copyright reform agenda. Drawing on a series of group interviews with people who identified as regular users of social media, we explored emergent norms of attribution and circulation. Applying a grounded theory approach, an emergent thematic analysis of the data uncovered a range of responses coalescing around the themes of attribution, platform norms, and commercialization. The data show that people make complex and nuanced decisions around when they should attribute content, seek permission to use content, or allow others to use their content. We suggest that these decisions are informed by the vernaculars of each platform and a critical assessment of the broader commercial logics of social media, which results in many people placing a greater importance around attribution. The authors conclude by proposing that rather than stretching the logic of a legal framework that is increasingly not fit for purpose for everyday social media content distribution, policymakers should take into account these emergent practices on social media platforms when considering reform opportunities.